The Canada-Peru Free Trade Agreement (CPFTA), which entered into force on August 1, 2009, allowed both countries to develop international mobility program (IMP) conditions that were advantageous to Canada.  Among other things, it facilitates the hiring of Peruvian workers as temporary foreign workers (TFW) while avoiding the need for a Labour Market Impact Assessment (LMIA) which generally includes long waiting times.

Like some free trade agreements, the CPFTA international mobility program is open not only to citizens of both countries but also to their permanent residents. It allows companies to attract workers from this Spanish country but with a level of development that promotes quality education and therefore a qualified and equipped workforce. There are three main possibilities for businesses.

1. Professionals

A professional is not required to obtain an LMIA but must have a work permit.

A professional is defined as a Peruvian national who practices a specialized profession that requires:

(a) the theoretical and practical application of a body of specialized knowledge, and the appropriate certificate/licence to practise; and

(b) the obtaining a post-secondary diploma in a specialty whose practice requires at least four years of study;

In Canada, professionals who can be recruited in one of these countries must meet the following requirements, among other conditions:

• possess Peruvian citizenship or permanent resident status;
• practise one of the specialized occupations such as those in levels O and A of the National Occupational Classification (NOC);
• possess the qualifications required to practise the profession (diploma or certificate from a related program of study);
• have arranged employment with a Canadian employer;
• provide professional-level services in the field in which the person concerned has qualifications, as indicated in the appendix;
• comply with existing immigration requirements governing temporary entry.

The list of professionals is negative, that is, all professionals who meet the general definition of a professional are covered, unless they are on the list below.

Professionals who are not subject to it

All professionals in health, education, social services and related fields:

• Managers of health, educational, social or community services
• Physicians, dentists, optometrists, chiropractors and other health care professionals
• Pharmacists, dietitians and nutritionists
• Professionals in therapy and assessment
• Nursing Professionals
• Psychologists and social workers
• Professors and teaching assistants at university level
• Teachers at the college level and in vocational schools
• Teachers at secondary, primary and pre-school levels and guidance counsellors

All professionals attached to cultural industries, including:

• Managers of libraries, archives, museums and art galleries
• Managers in the fields of publishing, film, broadcasting and performing arts
• Professionals in the visual and performing arts

Other professionals

• Directors of sports, recreation and fitness programs and services
• Telecommunications transmission managers
• Postal and courier service managers
• Manufacturing managers
• Utility managers
• Construction and transportation managers
• Judges, lawyers and notaries, with the exception of foreign legal consultants

Supervisors in the following areas:

• Machinists and related personnel
• Printing and related personnel
• Mining and quarrying
• Drilling and services related to oil and gas extraction
• Metal and mineral processing
• Oil refining, gas and chemical processing and utilities
• Food, beverage and tobacco processing
• Manufacture of rubber and plastic products
• Forest products processing
• Textile products processing

Contractors and foremen in the following areas:

• Electricity and telecommunications
• Piping
• Forming, shaping and assembly of metals
• Carpentry
• Mechanics
• Heavy construction crews
• Other construction trades
• Repair and installation services

How long is a work permit valid for a professional? Can it be extended?

A first work permit issued upon entry into Canada may be valid for up to one year. Extensions of up to one year may be granted, provided that the person concerned always meets the requirements applicable to professionals. There is no limit to the number of extensions.

2. Technicians

A technician is not required to obtain an LMIA but must have a work permit.

A technician is defined as a Peruvian national who is a citizen or permanent resident who practices a specialized technical profession that requires:

(a) the theoretical and practical application of a body of specialized knowledge, and the appropriate certificate/licence to practise; and

(b) the obtaining of a post-secondary diploma or a technical diploma in a program of at least two years’ duration.

In Canada, skilled technical occupations are those that fall under Level B of the National Occupational Classification (NOC).

The list of technicians is positive, that is to say only technicians whose occupation is on the list of technicians are covered (see list below).

Technicians who are subject to it

• Civil engineering technologists and technicians
• Mechanical engineering technologists and technicians
• Industrial and manufacturing engineering technologists and technicians
• Construction inspectors and estimators
• Engineering inspectors and auditors and regulatory officers
• Electronic and electrical engineering technologists and technicians (includes maintenance electronics technicians)
• Electricians (includes industrial electricians)
• Plumbers
• Industrial instrument technicians and mechanics
• Mechanics, technicians and controllers of avionics and aircraft instruments and electrical equipment
• Mining and preparation miners, underground mines
• Drillers and personnel for testing and other services related to oil and gas extraction
• Graphic designers and illustrators
• Interior designers
• Chefs
• Computer systems technicians
• International sales and purchasing agents

In short, whether for professionals or technicians, immigration officers must be assured that the employment is still “temporary” in nature and that the applicant is not using the CPFTA to avoid the usual immigration formalities.

How long is a work permit valid for a technician? Can it be extended?

A first work permit issued upon entry into Canada may be valid for up to one year. Extensions of up to one year may be granted, provided that the person concerned always meets the requirements applicable to professionals. There is no limit to the number of extensions.

3. People transferred within a company

If your company already has a subsidiary in Peru, it is because it is possible for you instead of recruiting new staff, to simply move employees from this subsidiary to Canada. Not only is the process faster, but it also gives you the assurance that you have already worked with the worker who joins you on site.

Intra-company transferees are employees of a Peruvian company who hold an executive or managerial position, a position that requires specialized knowledge as well as management trainees and who are transferred to perform functions of the same nature in the Canadian company or in a parent company, a branch, a subsidiary or affiliate in Canada.

An intra-company transferee is not required to obtain an LMIA, but must have a work permit. This exemption benefits companies that are located in one of the other two countries quite well.

The following requirements apply:

• possess Peruvian citizenship or permanent resident status;
• hold an executive or managerial job or a job that requires “specialized knowledge”;
• expanding the intra-company transferee class to include a new category known as management trainees, which refers to an employee with a post-secondary degree who is temporarily assigned to a position designed to enhance his or her knowledge and experience in a company in order to prepare him or her for executive duties within that enterprise;
• be transferred to a business that has an eligible relationship with the business in which they currently work;
• the Canadian company must have a relationship with the Peruvian company (parent, branch, subsidiary or affiliate);
• have held continuous employment in a position of the same nature outside Canada for at least six months (full-time) in the three years preceding the date of the initial application; and
• comply with existing immigration requirements governing temporary entry.

How long is a work permit valid for intra-company transferees? Can it be extended?

The validity period of a work permit issued upon entry into Canada can be up to three years. However, persons authorized to enter Canada to establish an office or work in a new office should be issued an initial work permit for up to one year.

Extensions may be granted for periods of up to two years, provided that the person concerned always meets the requirements applicable to intra-company transferees.

Recruitment of public workers

You may encounter some difficulties in considering the different subtleties and provisions of this agreement in relation to the recruitment of foreign workers. But in the meantime, your labor shortage problem persists with its consequences. Know now we are here to help you stop the bleeding. In Peru, Colombia or better still in France, in the United States, in Belgium… all over the world, we have the opportunity to find you the best skills that best meet your specific needs.